S.Sankaran v. The District Registrar

ORDER Tracing title from unregistered sale deed dated 10.02.1965 in favour of the petitioner's father, the petitioner had presented settlement deed dated

04.03.2025 for registration. The request for registration was rejected under the impugned refusal check slip on the ground that the petitioner's parent document is unregistered.

¶2Learned counsel for the petitioner referred to sale deed dated

10.02.1965 and pointed out that the consideration mentioned therein was below Rs.100/-. He submits that a conveyance of a property of the value below Page3 of 4 Rs.100/- is not required to be registered under Section 17 of the Registration Act, 1908. Relying on the rokka patta, learned counsel submits that the land is not classified as meichal poramboke.

¶3Mr.P.Harish, learned Government Advocate, refers to the counter of the tahsildar, wherein it is stated at paragraph 5 that the land is classified as meichal tharai in the village revenue records.

¶4On perusal of the refusal check slip, it is evident that the sole ground for refusal is that the parent document is unregistered. As contended by learned counsel for the petitioner, compulsory registration is not required either under the Registration Act or the Transfer of Property Act, 1882 if the property is conveyed for consideration less than Rs.100/-. In this case, the parent document is sale deed dated 10.02.1965 whereby the property was conveyed for a sum of Rs.90/-. Therefore, the impugned order cannot be sustained and is hereby set aside. As a consequence, the petitioner is permitted to re-present the settlement deed for registration within two weeks from the date of receipt of a copy of this order. Subject to fulfilment of other requirements relating to registration, the registering officer shall either register the document or issue a speaking order of refusal within 30 days from the date of re-presentation. Page4 of 4

SENTHILKUMAR RAMAMOORTHY, J. KJ

¶5The writ petition stands disposed of on the above terms without any order as to costs. 10-02-2026 Index : Yes/No Internet:Yes/No kj To

1.The District Registrar O/o District Registrar, Registration Department, Tiruvallur, Tiruvallur District.

2.The Sub Registrar O/o. Sub Registrar, Registration Department, Avadi.

¶3The Tahsildar, Avadi, Thiruvallur District. (R3-impleaded as per order dated 02.04.2025 in WP.No.10892/2025 By NAVJ)

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-02-2026 CORAM THE HON'BLE MR JUSTICE SENTHILKUMAR RAMAMOORTHY S.Sankaran S/o Late Subbaiah, Samiyarpatti Village Kizhakkandani Post, Sivagangai Taluk and District. ..Petitioner Vs 1. The District Registrar O/o District Registrar, Registration Department, Tiruvallur, Tiruvallur District. 2. The Sub Registrar O/o. Sub Registrar, Registration Department, Avadi. 3.The Tahsildar, Avadi, Thiruvallur District. (R3-impleaded as per order dated 02.04.2025 in WP.No.10892/2025 By NAVJ) ..Respondents Page2 of 4 Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus calling for the entire records relating to the impugned Refusal Check Slip No. RFL / A / 7 / 2025, dated 04.03.2025 issued by the 2nd respondent and quash the same and consequently directing the 2nd respondent to receive the settlement deed dated 04.03.2025 executed by the petitioner and register the same without insisting the petitioner to produce registered parent document. For Petitioner: Mr. C.Prakasam For Respondents: Mr.P.Harish, Govt. Advocate